2023 60-Day FRN 3038-0091

2023 60-Day FRN 3038-0091 (88 FR 59510).pdf

Disclosure and Retention of Certain Information Relating to Cleared Swaps Customer Collateral

2023 60-Day FRN 3038-0091

OMB: 3038-0091

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59510

Federal Register / Vol. 88, No. 166 / Tuesday, August 29, 2023 / Notices

DEPARTMENT OF COMMERCE
Patent and Trademark Office

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Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Trademark Trial and Appeal
Board (TTAB) Actions
The United States Patent and
Trademark Office (USPTO) will submit
the following information collection
request to the Office of Management and
Budget (OMB) for review and clearance
in accordance with the Paperwork
Reduction Act of 1995, on or after the
date of publication of this notice. The
USPTO invites comments on this
information collection renewal, which
helps the USPTO assess the impact of
its information collection requirements
and minimize the public’s reporting
burden. Public comments were
previously requested via the Federal
Register on June 5, 2023, during a 60day comment period. This notice allows
for an additional 30 days for public
comment.
Agency: United States Patent and
Trademark Office, Department of
Commerce.
Title: Trademark Trial and Appeal
Board (TTAB) Actions.
OMB Control Number: 0651–0040.
Needs and Uses: The USPTO
administers the Trademark Act of 1946,
15 U.S.C. 1051 et seq., as amended,
which provides for the Federal
registration of trademarks, service
marks, collective marks and certification
marks. Individuals and businesses that
use or intend to use such marks in
commerce may file an application to
register their marks with the USPTO.
Section 13 of the Trademark Act, 15
U.S.C. 1063, allows individuals and
entities who believe that they would be
damaged by the registration of a mark to
file an opposition, or an extension of
time to file an opposition, to the
registration of the mark. Section 14 of
the Trademark Act, 15 U.S.C. 1064,
allows individuals and entities to file a
petition to cancel a registration of a
mark. Section 20 of the Trademark Act,
15 U.S.C. 1070, allows individuals and
entities to appeal any final decision of
the examiner in charge of the
registration of marks or a final decision
by an examiner in an ex parte
expungement proceeding or ex parte
reexamination proceeding.
The USPTO administers certain
provisions of the Trademark Act of 1946
through the regulations at 37 CFR part
2, which contains the various rules that
govern the filings identified above and

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other submissions filed in connection
with inter partes and ex parte
proceedings. These petitions, notices,
extensions, and additional papers are
filed with the Trademark Trial and
Appeal Board (TTAB), an administrative
tribunal empowered to determine the
right to register and subsequently
determine the validity of a trademark.
The information in this collection must
be submitted electronically through the
TTAB’s electronic filing system. If
applicants or entities wish to submit the
petitions, notices, extensions, and
additional papers in inter partes and ex
parte cases, they may use the forms
provided through the TTAB’s electronic
filing system.
This information collection includes
the items needed for individuals or
entities to file inter partes and ex parte
proceedings regarding federal
registration of their trademarks or
service marks. Information is collected
in view of the provisions of the
Trademark Act of 1946. The responses
in this information collection are a
matter of public record, and are used by
the public for a variety of private
business purposes related to
establishing and enforcing trademark
rights. This information is important to
the public, as both common law
trademark owners and federal trademark
registrants must actively protect their
own rights.
Form Number(s):
• PTO 2120 (Notice of Opposition)
• PTO 2151 (Papers in Inter Partes
Cases)
• PTO 2153 (Request for Extension of
Time to File an Opposition)
• PTO 2188 (Petition for Cancellation)
• PTO 2189 (Ex Parte Appeal General
Filing)
• PTO 2190 (Notice of Appeal)
Type of Review: Extension and
revision of a currently approved
information collection.
Affected Public: Private sector.
Respondent’s Obligation: Required to
obtain or retain a benefit.
Frequency: On occasion.
Estimated Number of Annual
Respondents: 41,300 respondents.
Estimated Number of Annual
Responses: 76,650 responses.
Estimated Time per Response: The
USPTO estimates that it will take the
public from 10 minutes (0.17 hours) to
21 hours to complete, depending on the
complexity of the situation and item, to
gather the necessary information,
prepare the appropriate documents, and
submit them to the USPTO.
Estimated Total Annual Respondent
Burden Hours: 1,038,747 hours.
Estimated Total Annual Respondent
Non-Hourly Cost Burden: $9,080,047.

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This information collection request
may be viewed at www.reginfo.gov.
Follow the instructions to view
Department of Commerce, USPTO
information collections currently under
review by OMB.
Written comments and
recommendations for this information
collection should be submitted within
30 days of the publication of this notice
on the following website,
www.reginfo.gov/public/do/PRAMain.
Find this particular information
collection by selecting ‘‘Currently under
30-day Review—Open for Public
Comments’’ or by using the search
function and entering either the title of
the information collection of the OMB
Control Number, 0651–0040.
Further information can be obtained
by:
• Email: InformationCollection@
uspto.gov. Include ‘‘0651–0040
information request’’ in the subject line
of the message.
• Mail: Justin Isaac, Office of the
Chief Administrative Officer, United
States Patent and Trademark Office,
P.O. Box 1450, Alexandria, VA 22313–
1450.
Justin Isaac,
Information Collections Officer, Office of the
Chief Administrative Officer, United States
Patent and Trademark Office.
[FR Doc. 2023–18545 Filed 8–28–23; 8:45 am]
BILLING CODE 3510–16–P

COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities: Notice of Intent To Extend
Collection 3038–0091: Disclosure and
Retention of Certain Information
Relating to Cleared Swaps Customer
Collateral
Commodity Futures Trading
Commission.
ACTION: Notice.
AGENCY:

The Commodity Futures
Trading Commission (‘‘CFTC’’ or
‘‘Commission’’) is announcing an
opportunity for public comment on the
proposed renewal of a collection of
certain information by the agency.
Under the Paperwork Reduction Act
(‘‘PRA’’), Federal agencies are required
to publish notice in the Federal Register
concerning each proposed collection of
information, including proposed
extension of an existing collection of
information, and to allow 60 days for
public comment. This notice solicits
comments on the proposed extension of
the existing collection of information

SUMMARY:

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Federal Register / Vol. 88, No. 166 / Tuesday, August 29, 2023 / Notices
relating to Cleared Swaps Customer
Collateral.
Comments must be submitted on
or before October 30, 2023.
ADDRESSES: You may submit comments,
identified by ‘‘OMB Control No. 3038–
0091’’ by any of the following methods:
• CFTC Website: https://
comments.cftc.gov/. Follow the
instructions for submitting comments
through the website.
• Mail: Christopher Kirkpatrick,
Secretary of the Commission,
Commodity Futures Trading
Commission, Three Lafayette Centre,
1155 21st Street NW, Washington, DC
20581.
• Hand Delivery/Courier: Same as
Mail, above.
Please submit your comments using
only one method and identify that it is
for the renewal of Collection Number
3038–0091. All comments must be
submitted in English, or if not,
accompanied by an English translation.
Comments will be posted as received to
https://www.cftc.gov.
FOR FURTHER INFORMATION CONTACT:
Maria Aguilar-Rocha, Attorney Advisor,
Market Participants Division,
Commodity Futures Trading
Commission, (202) 418–5840, [email protected], and refer to OMB
Control No. 3038–0091.
SUPPLEMENTARY INFORMATION: Under the
PRA, 44 U.S.C. 3501 et seq., Federal
agencies must obtain approval from the
Office of Management and Budget
(‘‘OMB’’) for each collection of
information they conduct or sponsor.
‘‘Collection of Information’’ is defined
in 44 U.S.C. 3502(3) and 5 CFR 1320.3
and includes agency requests or
requirements that members of the public
submit reports, keep records, or provide
information to a third party. Section
3506(c)(2)(A) of the PRA, 44 U.S.C.
3506(c)(2)(A), requires Federal agencies
to provide a 60-day notice in the
Federal Register concerning each
proposed collection of information,
including each proposed extension of an
existing collection of information,
before submitting the collection to OMB
for approval. To comply with this
requirement, the CFTC is publishing
notice of the proposed extension of an
existing collection of information listed
below. An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid OMB
control number.
Title: Disclosure and Retention of
Certain Information Relating to Cleared
Swaps Customer Collateral (OMB
Control No. 3038–0091). This is a

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DATES:

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request for an extension of a currently
approved information collection.
Abstract: Section 724(a) of the DoddFrank Wall Street Reform and Consumer
Protection Act, Public Law 111–023,
124 stat. 1376, amended the Commodity
Exchange Act (‘‘CEA’’), 7 U.S.C. 1 et
seq., to add, as section 4d(f) thereof,
provisions concerning the protection of
collateral provided by a Cleared Swaps
Customer to margin, guaranty, or secure
a swap cleared by or through a
derivatives clearing organization
(‘‘DCO’’). Broadly speaking, in cleared
swaps transactions customers provide
collateral to futures commission
merchants (‘‘FCMs’’) through whom
they clear their transactions. FCMs, in
turn, may provide customer collateral to
DCOs, through which FCMs clear
transactions for their customers. 17 CFR
part 22 is intended to implement CEA
section 4d(f). Several of the sections of
part 22 require collections of
information.
Section 22.2(g) requires each FCM
with Cleared Swaps Customer Accounts
to compute daily the amount of Cleared
Swaps Customer Collateral on deposit
in Cleared Swaps Customer Accounts,
the amount of such collateral required
to be on deposit in such accounts and
the amount of the FCM’s residual
financial interest in such accounts. The
purpose of this collection of information
is to help ensure that FCMs’ Cleared
Swaps Customer Accounts are in
compliance at all times with statutory
and regulatory requirements for such
accounts.
Section 22.5(a) requires an FCM or
DCO to obtain, from each depository
with which it deposits cleared swaps
customer funds, a letter acknowledging
that such funds belong to the Cleared
Swaps Customers of the FCM, and not
the FCM itself or any other person. The
purpose of this collection of information
is to confirm that the depository
understands its responsibilities with
respect to protection of cleared swaps
customer funds.
Section 22.11 requires each FCM that
intermediates cleared swaps for
customers on or subject to the rules of
a DCO, whether directly as a clearing
member or indirectly through a
Collecting FCM, to provide the DCO
with information sufficient to identify
each customer of the FCM whose swaps
are cleared by the FCM. Section 22.11
also requires the FCM, at least once
daily, to provide the DCO with
information sufficient to identify each
customer’s portfolio of rights and
obligations arising out of cleared swaps
intermediated by the FCM. The purpose
of this collection of information is to
facilitate risk management by DCOs in

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59511

the event of default by the FCM, to
enable DCOs to perform their duty,
pursuant to § 22.15, to treat the
collateral attributed to each customer of
the FCM on an individual basis.
Section 22.12 requires that each DCO
and FCM, on a daily basis, calculate,
based on information received pursuant
to § 22.11 and on information generated
and used in the ordinary course of
business by the DCO or FCM, and
record certain information about the
amount of collateral required for each
Cleared Swaps Customer and the sum of
these amounts. As with § 22.11, the
purpose of this collection of information
is to facilitate risk management by DCOs
and in the event of default by the FCM,
to enable DCOs to perform their duty,
pursuant to § 22.15, to treat the
collateral attributed to each customer of
the FCM on an individual basis.
Section 22.16 requires that each FCM
who has Cleared Swaps Customers
disclose to each of such customers the
governing provisions, as established by
DCO rules or customer agreements
between collecting and depositing
FCMs, relating to use of customer
collateral, transfer, neutralization of the
risks, or liquidation of cleared swaps in
the event of a default by a Depositing
FCM relating to a Cleared Swaps
Customer Account. The purpose of this
collection of information is to ensure
that Cleared Swaps Customers are
informed of the procedures to which
accounts containing their swaps
collateral may be subject in the event of
a default by their FCM.
Section 22.17 requires that each FCM
produce a written notice of the reasons
and the details concerning withdrawals
from a Cleared Swaps Customers
Account not for the benefit of Cleared
Swap Customers if such withdrawal
will exceed 25% of the FCMs residual
interest in such account.
With respect to the collection of
information, the CFTC invites
comments on:
• Whether the proposed extension of
collection of information is necessary
for the proper performance of the
functions of the Commission, including
whether the information will have a
practical use;
• The accuracy of the Commission’s
estimate of the burden of the proposed
collection of information, including the
validity of the methodology and
assumptions used;
• Ways to enhance the quality,
usefulness, and clarity of the
information to be collected; and
• Ways to minimize the burden of
collection of information on those who
are to respond, including through the
use of appropriate automated electronic,

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Federal Register / Vol. 88, No. 166 / Tuesday, August 29, 2023 / Notices

mechanical, or other technological
collection techniques or other forms of
information technology; e.g., permitting
electronic submission of responses.
You should submit only information
that you wish to make available
publicly. If you wish the Commission to
consider information that you believe is
exempt from disclosure under the
Freedom of Information Act, a petition
for confidential treatment of the exempt
information may be submitted according
to the procedures established in § 145.9
of the Commission’s regulations.1
The Commission reserves the right,
but shall have no obligation, to review,
pre-screen, filter, redact, refuse or
remove any or all of your submission
from https://www.cftc.gov that it may
deem to be inappropriate for
publication, such as obscene language.
All submissions that have been redacted
or removed that contain comments on
the merits of the ICR will be retained in
the public comment file and will be
considered as required under the
Administrative Procedure Act and other
applicable laws, and may be accessible
under the Freedom of Information Act.
Burden Statement: The Commission
is revising its estimate of the burden for
this collection for 75 respondents (60
FCMs and 15 DCOs). The respondent
burden for this collection is estimated to
be as follows:
Estimated Number of Respondents:
75.
Estimated Average Burden Hours per
Respondent: 334.
Estimated Total Annual Burden
Hours: 25,050.
Frequency of Collection: Section
22.2(g)—Daily. Section 22.5(a)—Once.
Section 22.11—Daily. Section 22.12—
Daily. Section 22.16—Once. Section
22.17—On occasion.
There is no capital cost associated
with this collection.
(Authority: 44 U.S.C. 3501 et seq.)
Dated: August 24, 2023.
Christopher Kirkpatrick,
Secretary of the Commission.
[FR Doc. 2023–18592 Filed 8–28–23; 8:45 am]
BILLING CODE 6351–01–P

COMMODITY FUTURES TRADING
COMMISSION
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Sunshine Act Meetings
FEDERAL REGISTER CITATION OF PREVIOUS
ANNOUNCEMENT: 88 FR 56607, August

18, 2023.
PREVIOUSLY ANNOUNCED TIME AND DATE OF
THE MEETING: 9:00 a.m. EDT, Friday,

August 25, 2023.
1 17

CFR 145.9.

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CHANGES IN THE MEETING:

The meeting

has been canceled.
CONTACT PERSON FOR MORE INFORMATION:

Christopher Kirkpatrick, Secretary of the
Commission, 202–418–5964.
Authority: 5 U.S.C. 552b.
Dated: August 24, 2023.
Christopher Kirkpatrick,
Secretary of the Commission.
[FR Doc. 2023–18685 Filed 8–25–23; 4:15 pm]
BILLING CODE 6351–01–P

Tommy W. Lee,
Acting Air Force Federal Register Liaison
Officer.

DEPARTMENT OF DEFENSE

[FR Doc. 2023–18559 Filed 8–28–23; 8:45 am]

Department of the Air Force

BILLING CODE 5001–10–P

[AFD 2216]

Notice of Intent To Grant an Exclusive
Patent License
Department of the Air Force,
Department of Defense.
ACTION: Notice of intent.
AGENCY:

Pursuant to the Bayh-Dole Act
and implementing regulations, the
Department of the Air Force hereby
gives notice of its intent to grant an
exclusive patent license to University of
Florida Research Foundation, Inc.
(‘‘UFRF’’) having a place of business at
310 Walker Hall, Gainesville, Florida
32611.

SUMMARY:

Written objections must be filed
no later than fifteen (15) calendar days
after the date of publication of this
Notice.

DATES:

Submit written objections to
Karleine M. Justice, Office of Research
and Technical Applications, Air Force
Institute of Technology, 2950 Hobson
Way, Bldg 641, Rm 101C, WrightPatterson AFB OH 45433–7765; Phone:
(937) 255–3636 x4396; or Email:
[email protected]. Include Docket
No. AFD 2216 in the subject line of the
message.
FOR FURTHER INFORMATION CONTACT:
Karleine M. Justice, Office of Research
and Technical Applications, Air Force
Institute of Technology, 2950 Hobson
Way, Bldg 641, Rm 101C, WrightPatterson AFB OH 45433–7765; Phone:
(937) 255–3636 x4396; or Email:
[email protected].
Abstract of patent application(s):
Tethered Alkylidynes and Methods of
Making the same. Such compounds can
be used as a catalyst to form cyclic
polymers.
Intellectual property:
PCT Application PCT/US2022/
043643, filed September 15, 2022.
The Department of the Air Force may
grant the prospective license unless a
timely objection is received that
ADDRESSES:

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sufficiently shows the grant of the
license would be inconsistent with the
Bayh-Dole Act or implementing
regulations. A competing application for
a patent license agreement, completed
in compliance with 37 CFR 404.8 and
received by the Air Force within the
period for timely objections, will be
treated as an objection and may be
considered as an alternative to the
proposed license.
Authority: 35 U.S.C. 209; 37 CFR 404.

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DEPARTMENT OF DEFENSE
Office of the Secretary
Defense Advisory Committee for the
Prevention of Sexual Misconduct;
Notice of Federal Advisory Committee
Meeting
Under Secretary of Defense for
Personnel and Readiness, Department of
Defense (DoD).
ACTION: Notice of Federal advisory
committee meeting.
AGENCY:

The DoD is publishing this
notice to announce that the following
Federal advisory committee meeting of
the Defense Advisory Committee for the
Prevention of Sexual Misconduct (DAC–
PSM) will take place.
DATES: DAC–PSM will hold a meeting
open to the public on Thursday,
September 21, 2023, from 9:00 a.m. to
12:30 p.m. (EST).
ADDRESSES: The meeting may be
accessed by videoconference.
Information for accessing the
videoconference will be provided after
registering. (Pre-meeting registration is
required. See guidance in
SUPPLEMENTARY INFORMATION, ‘‘Meeting
Accessibility’’.)
SUMMARY:

Dr.
Suzanne Holroyd, Designated Federal
Officer (DFO), (571) 372–2652 (voice),
osd.mc-alex.ousd-p-r.mbx.DAC-PSM@
mail.mil (email). Website:
www.sapr.mil/DAC-PSM. The most upto-date changes to the meeting agenda
can be found on the website.
SUPPLEMENTARY INFORMATION: This
meeting is being held under the
provisions of chapter 10 of title 5 United
States Code (U.S.C.) (commonly known
as the ‘‘Federal Advisory Committee
Act’’ or ‘‘FACA’’), section 552b of title
5, U.S.C. (commonly known as the
‘‘Government in the Sunshine Act’’),
FOR FURTHER INFORMATION CONTACT:

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